roseball
04-03 02:49 PM
I have the RFE, it doesn't state the exact instead mentions 12 weeks from the date of this letter. And the date of the letter is Jan 8, 2008
Just have them reply to the RFE at the earliest...Usually, they take a few days after the deadline to re-process the case...They might consider your reply, even if its late by a few days, if they already did not take action/deny your petition....If they already denied your petition before the response reaches them, they you will have to file a MTR, which takes quite a while and also you cannot use I-485 benefits till a decision is made....Also, make sure a cover letter is sent along with the response mentioning the reason for the delay (like u said substantial changes to company financials)....Bottomline, reply at the earliest....Good luck.....
Just have them reply to the RFE at the earliest...Usually, they take a few days after the deadline to re-process the case...They might consider your reply, even if its late by a few days, if they already did not take action/deny your petition....If they already denied your petition before the response reaches them, they you will have to file a MTR, which takes quite a while and also you cannot use I-485 benefits till a decision is made....Also, make sure a cover letter is sent along with the response mentioning the reason for the delay (like u said substantial changes to company financials)....Bottomline, reply at the earliest....Good luck.....
wallpaper grinch whoville characters.
duttasurajit
10-18 12:19 PM
Thanks everyone for the valued response. One last question:
I was under the impression that the job title does not matter for AC21 as long as the job duties are similar. For example, instead of IT Manager, say, I get a title of Developement Lead/Team Lead and the Job duties are similar.
What happens in this case? Is it still risky to pursue AC21?
I was under the impression that the job title does not matter for AC21 as long as the job duties are similar. For example, instead of IT Manager, say, I get a title of Developement Lead/Team Lead and the Job duties are similar.
What happens in this case? Is it still risky to pursue AC21?
peacocklover
12-14 05:35 PM
In marriage it is common to have differences. When both parties dont yield and stick to their guns, it leads to rifts that may buildup over time and lead to the possibility of divorce. If both of you can clearly site 3 points on why you'd like divorce (articulate), then the problem is solvable.
If one of you is not sure why its happening (either you are too ignorant or you are totally missing other's point), obviously its your problem to know what keeps a marriage going. And if one of you just is hell bent on divorce, just coz "you felt like/were told -- like you deserve more than what you got", that is foolishness.
Young (immatured rather) people are quick to jump into divorce thoughts when things are not going well (when the initial attraction fades). You just hope that they stick around long enough through thick and thin, which will help them to discover the value of the other partner. Grass is always greener on the other side isnt it ? At the same time petty problems (for some people) such as bedroom troubles, can lead to divorces. Extra marital affairs happen often in this situation.
Indian culture makes marriage such a big ritual with so many ties that offers immense support (by social pressures or family obligations..) to fend off these manageable problems.
Take a break, pray god , be open with out any 'EGO', try to share your feelings and understand his feelings with your fresh mind. Also Try to have your respectful elders like your grand parents or your mom or father or his parents or his grand parents at home. Please don't take this worthless decision of divorce quickly unless he is a criminal trying to kill you.. it's very easy to break and very very hard to construct your relationship or very hard to face another relationship, we Indians give top most value to that relationship. Today's Western media which runs on the consumption, influences everybody's thoughts to go for consumption based system which forces to divide families and gain more from it. This is the idea of capitalists to loot from an individual. here is West, this damn media focuses to break the relationships to boost their consumption based economy with out thinking about their future generations.
As a last attempt, Please try to live with your parents for sometime to think fresh and make the decision.
See this video and try to understand what Mr.Venkatesh tells about the west and it's media strategy, think about Goddess Lakshmi what he is talking about in the end of this video .
Global Imbalance - An imminent Dollar Crisis (http://video.google.com/videoplay?docid=4343898391323537541&hl=en)
If one of you is not sure why its happening (either you are too ignorant or you are totally missing other's point), obviously its your problem to know what keeps a marriage going. And if one of you just is hell bent on divorce, just coz "you felt like/were told -- like you deserve more than what you got", that is foolishness.
Young (immatured rather) people are quick to jump into divorce thoughts when things are not going well (when the initial attraction fades). You just hope that they stick around long enough through thick and thin, which will help them to discover the value of the other partner. Grass is always greener on the other side isnt it ? At the same time petty problems (for some people) such as bedroom troubles, can lead to divorces. Extra marital affairs happen often in this situation.
Indian culture makes marriage such a big ritual with so many ties that offers immense support (by social pressures or family obligations..) to fend off these manageable problems.
Take a break, pray god , be open with out any 'EGO', try to share your feelings and understand his feelings with your fresh mind. Also Try to have your respectful elders like your grand parents or your mom or father or his parents or his grand parents at home. Please don't take this worthless decision of divorce quickly unless he is a criminal trying to kill you.. it's very easy to break and very very hard to construct your relationship or very hard to face another relationship, we Indians give top most value to that relationship. Today's Western media which runs on the consumption, influences everybody's thoughts to go for consumption based system which forces to divide families and gain more from it. This is the idea of capitalists to loot from an individual. here is West, this damn media focuses to break the relationships to boost their consumption based economy with out thinking about their future generations.
As a last attempt, Please try to live with your parents for sometime to think fresh and make the decision.
See this video and try to understand what Mr.Venkatesh tells about the west and it's media strategy, think about Goddess Lakshmi what he is talking about in the end of this video .
Global Imbalance - An imminent Dollar Crisis (http://video.google.com/videoplay?docid=4343898391323537541&hl=en)
2011 makeup dr seuss whoville
nozerd
09-14 11:31 AM
http://www.cbc.ca/story/money/national/2006/09/14/imf-useconomy.html
Canadian economic growth to be best in G7 in 2007: IMF
Last Updated Thu, 14 Sep 2006 07:59:50 EDT
CBC News
Canada's economy is poised to grow by 3.0 per cent next year, giving it the fastest growth among the G7 countries, the International Monetary Fund said Thursday in its semi-annual World Economic Outlook.
Canada's status as a major net exporter of energy will likely be enough to insulate it from the slowdowns that the IMF is forecasting for the U.S. and Europe.
The biggest risks to the Canadian growth story next year include a "substantial" further rise in the Canadian dollar or a "sharper-than-expected" slowing of the U.S. economy, as more than 80 per cent of Canada's exports are to the U.S.
"The Canadian economy continues to perform robustly, benefiting from its strong macroeconomic policy framework and the boom in global commodity prices,'' the IMF said.
A cooling housing market is likely to trigger the slowdown in the U.S. economy next year and could weigh on the global economy as well, it said.
Growth in the United States, which was particularly strong in the first half of this year, is expected to slow from 3.4 per cent this year to 2.9 per cent in 2007, the IMF said. In April, it had projected U.S. growth next year would reach 3.3 per cent.
"The concern remains that a sharp adjustment in the housing sector would generate strong headwinds for the U.S. economy," it said.
IMF pegs China's economic growth at 10%
Citing strong growth in China, the IMF raised its global growth forecast a quarter of a percentage point to 5.1 per cent this year and 4.9 per cent in 2007. But it warned that inflationary pressures, high oil prices and a possible abrupt slowdown in the U.S. could undermine global growth.
"The balance of risks to the global outlook is slanted to the downside," said the report, released in Singapore, where the IMF and World Bank will be holding their annual meetings next week.
The Washington-based fund also suggested that further U.S. interest rate hikes might be necessary.
The U.S. Federal Reserve "faces a difficult situation of rising inflation in a slowing economy, but given the importance of keeping inflation expectations in check, some further policy tightening may still be needed," it said.
In August, the Fed decided to keep its key short-term lending rate at 5.25 per cent after 17 straight hikes back to June 2004.
The IMF said "there will be a premium on the Federal Reserve clearly communicating its policy intentions" and suggested that it state more explicitly its medium-term inflation targets.
It also said the U.S. could help reduce global imbalances by setting a more ambitious deficit reduction path and put the budget in a stronger position to respond to future economic downturns.
Japan, the world's second-largest economy, will likely grow 2.7 per cent this year on the back of solid domestic demand, but should ease next year to 2.1 per cent, the IMF said.
It also said Japan should be careful to raise interest rates gradually to avoid a "costly" re-emergence of deflation, or falling prices.
In the euro area, stronger corporate balance sheets have helped bring about increased investment, rising employment and a more balanced expansion to the 12 countries that use the common currency, the report said.
Growth would rise to 2.4 per cent in 2006 before moderating to two per cent in 2007 largely due to scheduled tax increases in Germany, the report said.
China's sizzling economy will probably steam ahead with 10 per cent growth this year and next, propelled by surging exports, but the region could be hurt if China's investment boom sours, it warned.
The IMF also urged Beijing to raise the value of its currency, the yuan, saying that would help to cut its huge global trade gap � on pace this year to surpass last year's $102 billion US � and bolster households' purchasing power.
Growth in India, emerging as Asia's other major engine, would moderate to a still robust 8.3 per cent this year and 7.3 per cent next year.
Latin American economies would continue to lag behind other emerging economies, although growth prospects have increased in the region, with expansion expected at 4.75 per cent this year and 4.25 per cent in 2007.
Inflation in advanced economies was likely to increase modestly to 2.6 per cent in 2006 but start to decline next year as the upward impetus from oil price increases eases. Emerging markets would probably also be able to contain inflation pressures, it said.
The IMF was established in 1945 to help promote the health of the world economy. It works to foster economic and financial stability, prevent crises and can aid countries in trouble.
With files from the Associated Press
Canadian economic growth to be best in G7 in 2007: IMF
Last Updated Thu, 14 Sep 2006 07:59:50 EDT
CBC News
Canada's economy is poised to grow by 3.0 per cent next year, giving it the fastest growth among the G7 countries, the International Monetary Fund said Thursday in its semi-annual World Economic Outlook.
Canada's status as a major net exporter of energy will likely be enough to insulate it from the slowdowns that the IMF is forecasting for the U.S. and Europe.
The biggest risks to the Canadian growth story next year include a "substantial" further rise in the Canadian dollar or a "sharper-than-expected" slowing of the U.S. economy, as more than 80 per cent of Canada's exports are to the U.S.
"The Canadian economy continues to perform robustly, benefiting from its strong macroeconomic policy framework and the boom in global commodity prices,'' the IMF said.
A cooling housing market is likely to trigger the slowdown in the U.S. economy next year and could weigh on the global economy as well, it said.
Growth in the United States, which was particularly strong in the first half of this year, is expected to slow from 3.4 per cent this year to 2.9 per cent in 2007, the IMF said. In April, it had projected U.S. growth next year would reach 3.3 per cent.
"The concern remains that a sharp adjustment in the housing sector would generate strong headwinds for the U.S. economy," it said.
IMF pegs China's economic growth at 10%
Citing strong growth in China, the IMF raised its global growth forecast a quarter of a percentage point to 5.1 per cent this year and 4.9 per cent in 2007. But it warned that inflationary pressures, high oil prices and a possible abrupt slowdown in the U.S. could undermine global growth.
"The balance of risks to the global outlook is slanted to the downside," said the report, released in Singapore, where the IMF and World Bank will be holding their annual meetings next week.
The Washington-based fund also suggested that further U.S. interest rate hikes might be necessary.
The U.S. Federal Reserve "faces a difficult situation of rising inflation in a slowing economy, but given the importance of keeping inflation expectations in check, some further policy tightening may still be needed," it said.
In August, the Fed decided to keep its key short-term lending rate at 5.25 per cent after 17 straight hikes back to June 2004.
The IMF said "there will be a premium on the Federal Reserve clearly communicating its policy intentions" and suggested that it state more explicitly its medium-term inflation targets.
It also said the U.S. could help reduce global imbalances by setting a more ambitious deficit reduction path and put the budget in a stronger position to respond to future economic downturns.
Japan, the world's second-largest economy, will likely grow 2.7 per cent this year on the back of solid domestic demand, but should ease next year to 2.1 per cent, the IMF said.
It also said Japan should be careful to raise interest rates gradually to avoid a "costly" re-emergence of deflation, or falling prices.
In the euro area, stronger corporate balance sheets have helped bring about increased investment, rising employment and a more balanced expansion to the 12 countries that use the common currency, the report said.
Growth would rise to 2.4 per cent in 2006 before moderating to two per cent in 2007 largely due to scheduled tax increases in Germany, the report said.
China's sizzling economy will probably steam ahead with 10 per cent growth this year and next, propelled by surging exports, but the region could be hurt if China's investment boom sours, it warned.
The IMF also urged Beijing to raise the value of its currency, the yuan, saying that would help to cut its huge global trade gap � on pace this year to surpass last year's $102 billion US � and bolster households' purchasing power.
Growth in India, emerging as Asia's other major engine, would moderate to a still robust 8.3 per cent this year and 7.3 per cent next year.
Latin American economies would continue to lag behind other emerging economies, although growth prospects have increased in the region, with expansion expected at 4.75 per cent this year and 4.25 per cent in 2007.
Inflation in advanced economies was likely to increase modestly to 2.6 per cent in 2006 but start to decline next year as the upward impetus from oil price increases eases. Emerging markets would probably also be able to contain inflation pressures, it said.
The IMF was established in 1945 to help promote the health of the world economy. It works to foster economic and financial stability, prevent crises and can aid countries in trouble.
With files from the Associated Press
more...
prince_waiting
10-04 10:28 AM
Hi Everybody,
Located in Auburn,......was going to join the Georgia chapter because of the proximity to Atlanta distancewise..... but good to know that there are so many Alabamians out here......
War Eagle !!!
Located in Auburn,......was going to join the Georgia chapter because of the proximity to Atlanta distancewise..... but good to know that there are so many Alabamians out here......
War Eagle !!!
belmontboy
05-22 07:35 PM
I want to apply labour with another employer based on future employment and when that labour get approved for how many days it is valid, can i apply I 140 for that labour .
Do i have to take transfer in order to apply for I 140 ?
Can two I 140 process parallel ?
Thanks for you all support..
Keep up the Good job
what is the rationale behind applying two I140's?
Do i have to take transfer in order to apply for I 140 ?
Can two I 140 process parallel ?
Thanks for you all support..
Keep up the Good job
what is the rationale behind applying two I140's?
more...
Dhundhun
07-16 03:53 PM
If the processing date is July 17, on what basis they are selecting files which has reciept date July 30...
In case of EADs, we saw that for straight forward cases, they sent card in even 2 weeks, where on website Processing Date used to be reported 90 days before posting date.
So perhaps the simpler cases, which they though to be complete, while receiving FP feedback or Name Check feedback - just a guess - and yes while Processing Date is July 17, people of much later dates got approved. This is despite USCIS telling that applications will be processed in order.
In case of EADs, we saw that for straight forward cases, they sent card in even 2 weeks, where on website Processing Date used to be reported 90 days before posting date.
So perhaps the simpler cases, which they though to be complete, while receiving FP feedback or Name Check feedback - just a guess - and yes while Processing Date is July 17, people of much later dates got approved. This is despite USCIS telling that applications will be processed in order.
2010 Dr. Seuss - Whoville Holiday
new_horizon
08-27 09:30 AM
Thanks guys for response...
so basically in short....
I can aply for visitors visa an visit cananda while my PR is in proceess right..??
You can visit Canada when your PR is pending, provided you have a valid visitor visa. They'll issue you a visitor visa even though your PR App is pending.
However once your PR app. is approved, you can only apply for a immigrant visa, and get into Canada as a Landed immigrant. From posts from another thread what I understand is you can return to US soon after you land in Canada as a Landed immigrant. Hope this clarifies.
so basically in short....
I can aply for visitors visa an visit cananda while my PR is in proceess right..??
You can visit Canada when your PR is pending, provided you have a valid visitor visa. They'll issue you a visitor visa even though your PR App is pending.
However once your PR app. is approved, you can only apply for a immigrant visa, and get into Canada as a Landed immigrant. From posts from another thread what I understand is you can return to US soon after you land in Canada as a Landed immigrant. Hope this clarifies.
more...
prom2
07-22 12:02 AM
New fee is 1010 (I-485 + FP) + $305 (AP) + $340 (EAD) = $1655
I-485 new filing fee is a package fee (I-485+EAD+AP)= 1,010
I-485 new filing fee is a package fee (I-485+EAD+AP)= 1,010
hair “Dr. Seuss#39; How the Grinch
LostInGCProcess
11-10 11:47 AM
Dear Friends/Experts,
- I am planning to visit India in end of November' 2008....I was wondering as EMPLOYER "A" H1B is already stamped in my passport and stamp is valid till Oct'2009. I was wondering do i need to get a *NEW* H1B visa stamped?
- My concern is regarding the EMPLOYER "A" H1B Status on USCIS website (above). Does this above status means that H1B from EMPLOYER "A" has been revoked? Do i need to get EMPLOYER "B" visa stamped now?
- The reason I am asking is due to the delay concerns due to PIMS system.:mad: I am planning to get it stamped at NEW DELHI.:confused:
I will appreciate your quick response.
Thanks, :confused::confused:
Please clarify: First H1 was from Dec 2007 and second H1 is from June 2007??? I hope it was a typo.
Ans1) You do not need to get get a *NEW* H1B visa stamped at a consulate abroad. At the POE you have to show the latest H1B to the IO who would issue the I94 based on the exp date on the new H1.
Ans2) Again same answer. You don't need to get a new visa stamped every time you change a company and would travel abroad. You need to get the visa stamped, only if it is expiring within 6 months.
Enjoy your trip and congratulation on your engagement!!
- I am planning to visit India in end of November' 2008....I was wondering as EMPLOYER "A" H1B is already stamped in my passport and stamp is valid till Oct'2009. I was wondering do i need to get a *NEW* H1B visa stamped?
- My concern is regarding the EMPLOYER "A" H1B Status on USCIS website (above). Does this above status means that H1B from EMPLOYER "A" has been revoked? Do i need to get EMPLOYER "B" visa stamped now?
- The reason I am asking is due to the delay concerns due to PIMS system.:mad: I am planning to get it stamped at NEW DELHI.:confused:
I will appreciate your quick response.
Thanks, :confused::confused:
Please clarify: First H1 was from Dec 2007 and second H1 is from June 2007??? I hope it was a typo.
Ans1) You do not need to get get a *NEW* H1B visa stamped at a consulate abroad. At the POE you have to show the latest H1B to the IO who would issue the I94 based on the exp date on the new H1.
Ans2) Again same answer. You don't need to get a new visa stamped every time you change a company and would travel abroad. You need to get the visa stamped, only if it is expiring within 6 months.
Enjoy your trip and congratulation on your engagement!!
more...
InTheMoment
07-11 10:37 PM
With all correct things said above: Yates Memo, Conditions of AC21 met (same/similar job, salary etc. 180+ days) and proof that you are regularly paid since joining the company (paystubs), EVL from new employer...
With all of the above supplied I can say from my own experience of joining a small company (50 employees) and submitting AC21 docs (to pre-empt any RFE - because I changed address and state of workplace; against my attorneys advise of waiting for an RFE) that it was the best thing I did. I had no RFE issued before I-485 approval.
So just send in the AC21 docs if you feel that there are redflags that may trigger an RFE for EVL (I-140 getting revoked, address change across state - diff from original employer, petition being very old)
With all of the above supplied I can say from my own experience of joining a small company (50 employees) and submitting AC21 docs (to pre-empt any RFE - because I changed address and state of workplace; against my attorneys advise of waiting for an RFE) that it was the best thing I did. I had no RFE issued before I-485 approval.
So just send in the AC21 docs if you feel that there are redflags that may trigger an RFE for EVL (I-140 getting revoked, address change across state - diff from original employer, petition being very old)
hot by the famous Dr. Seuss.
tapukakababa
03-11 02:01 PM
Anyone with real experience and have been through this.. please help me?
more...
house whoville dr seuss. Dr. Seuss Horton Hears a Who
nixstor
09-11 01:53 PM
OFLC is nothing but a department of the agency (DOL)
http://www.workforcesecurity.doleta.gov/foreign/
OFLC's NPC's in Chicago/Atlanta deals with current Labor applications(PERM) while OFLC's BEC/BPC's(Philly/Dallas) deal with applications from older system.
http://www.workforcesecurity.doleta.gov/foreign/
OFLC's NPC's in Chicago/Atlanta deals with current Labor applications(PERM) while OFLC's BEC/BPC's(Philly/Dallas) deal with applications from older system.
tattoo quot;Dr. Seuss#39; How the Grinch
skdskd
10-15 03:32 PM
Sorry to add to the confusion and I had replied to the same question in another thread, but my lawyer told me I can be on H1 and do additional work on EAD since H1 is a dual intent visa. He also told me that nothing needs to be informed to the immigration authorities once I start using my EAD. I know this is contrary to what everyone said in the comments above, but this is the reply I got talking personally to my lawyer.
Even my lawyer told me that I can be on Both H1-B and EAD
But It is not true for H4 , You can not be on Both H4 and EAD
Even my lawyer told me that I can be on Both H1-B and EAD
But It is not true for H4 , You can not be on Both H4 and EAD
more...
pictures “Dr. Seuss#39; How the Grinch
webm
06-09 02:50 PM
"Processing Date current with respect to Receipt Date" in May VB,even then IO not picked in my case atleast...so its all matter of luck!! back to U-turn..
dresses By Dr. Seuss
ras
10-13 09:09 PM
All 3 - checks cashed on Oct 11. I got the reciept no.s on the back of the checks. When can I expect to recieve the notices? I am planning travel by the end of this month. Is that OK to travel with just the reciept no's or do I need to have the reciept notices with me. Also I have a valid H1 visa till 2009. Advice greatly appreciated.
more...
makeup Dr Seuss How The Grinch Stole
BMWX5
03-15 09:52 AM
If you don�t want to contribute, then don�t. There is no need to brag about it.
You are not doing any noble cause by not contributing.
IV volunteers have every right to ask for contribution on various forums.
Least you can do is not confront them on contribution.
OK.
You are not doing any noble cause by not contributing.
IV volunteers have every right to ask for contribution on various forums.
Least you can do is not confront them on contribution.
OK.
girlfriend the more recent Dr. Seuss
sonia_sd
02-11 09:16 PM
I just signed the petition
hairstyles whoville dr seuss. drseuss
Prashanthi
09-08 03:36 PM
My company lawyers have been preparing for the last 5 months to file for my PERM application. After completing the recruitment stage and getting ready to file, they for some reason have come to the conclusion that the high number of resumes received could land the company in trouble for this case plus future applications.
Has anybody seen this before. Is there any precedence that a company that receives large number of resumes for the position might cause issues? Even if they have done the due diligence to review all resumes and interview candidates that they deemed fit? Still not finding anybody worthwhile?
Any comments/ assistance would be most appreciated.
Thanks
I would still file, as long as everything has been done properly, so that in case of an audit a proper response can be given. IT jobs usually have special requirements for the job, they require a combination of hardware and software skills for the job. The employer might receive several resumes, the question is if any of them qualify for the job. If you recieve qualified resumes you obviously cannot proceed. I have noticed even in this market that it is still difficult to find candidates who have a certain combination of skill sets, especially if several years of experience is required in the use of these skills. If this is a non-IT job then obviously the job has to be evaluated and the resumes have to be evaluated to see if their are any special requirements and if the applicants qualify.
Has anybody seen this before. Is there any precedence that a company that receives large number of resumes for the position might cause issues? Even if they have done the due diligence to review all resumes and interview candidates that they deemed fit? Still not finding anybody worthwhile?
Any comments/ assistance would be most appreciated.
Thanks
I would still file, as long as everything has been done properly, so that in case of an audit a proper response can be given. IT jobs usually have special requirements for the job, they require a combination of hardware and software skills for the job. The employer might receive several resumes, the question is if any of them qualify for the job. If you recieve qualified resumes you obviously cannot proceed. I have noticed even in this market that it is still difficult to find candidates who have a certain combination of skill sets, especially if several years of experience is required in the use of these skills. If this is a non-IT job then obviously the job has to be evaluated and the resumes have to be evaluated to see if their are any special requirements and if the applicants qualify.
krishna_brc
05-05 08:54 AM
Yes, we don't need original I-485 receipt notice to travel.
I traveled without original I-485.
see below for USCIS note on this
----
[Federal Register: November 1, 2007 (Volume 72, Number 211)]
[Rules and Regulations]
[Page 61791-61793]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no07-1]
Rules and Regulations
Federal Register
__________________________________________________ ____________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
8 CFR Part 245
[CIS No. 2420-07; Docket No. USCIS-2007-0047]
RIN 1615-AB62
Removal of Receipt Requirement for Certain H and L Adjustment
Applicants Returning From a Trip Outside the United States
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Final rule.
SUMMARY: This rule removes the requirement that certain H and L
nonimmigrants returning to the United States following a trip abroad
must present a receipt notice for their adjustment of status
applications to avoid having such applications deemed abandoned. The
purpose of this narrow change is to remove an unnecessary documentation
requirement from the regulations that the Department of Homeland
Security has determined causes an undue burden on H and L
nonimmigrants.
DATES: Effective Date: This rule is effective November 1, 2007.
FOR FURTHER INFORMATION CONTACT: Carol Vernon, Regulations and Product
Management Division, Domestic Operations, U.S. Citizenship and
Immigration Services, Department of Homeland Security, 20 Massachusetts
Avenue, Room 2034, Washington, DC 20529, telephone (202) 272-8350.
SUPPLEMENTARY INFORMATION:
I. Background
Travel outside the United States for an alien who has filed Form I-
485, ``Application to Register Permanent Residence or Adjust Status,''
to obtain lawful permanent resident status under section 245 of the
Immigration and Nationality Act (INA), 8 U.S.C. 1255, may adversely
affect that application unless the alien takes certain steps before the
trip. Most applicants must obtain permission from U.S. Citizenship and
Immigration Services (USCIS) to travel prior to the trip, a process
referred to as ``advance parole.'' See 8 CFR 212.5 (c) and (f). For
these applicants, departing the United States without advance parole
while their adjustment of status applications are pending results in
automatic abandonment of the applications and constitutes grounds for
denial. 8 CFR 245.2(a)(4)(ii)(A) & (B).
III. Rulemaking Requirements
DHS finds that this rule relates to internal agency management,
procedure, and practice and therefore is exempt from the public comment
requirements of the Administrative Procedure Act (APA) under 5 U.S.C.
553(b)(A). This rule does not alter substantive criteria by which USCIS
will approve or deny applications or determine eligibility for any
immigration benefit. Instead, this rule relieves a document
presentation requirement for certain applicants for immigration
benefits. Specifically, this rule removes the requirement that H-1/H-4
and L-1/L-2 nonimmigrants present a Form I-797 receipt notice for their
adjustment of status applications upon readmission to the United States
after a trip abroad in order to avoid having their applications
abandoned. This document presentation requirement is unnecessary since
it concerns information that is already available to DHS. This final
rule merely eliminates an unnecessary burden on these arriving aliens
and streamlines agency management of its processes. As a result, DHS is
not required to provide the public with an opportunity to submit
comments on the subject matter of this rule.
Moreover, DHS finds that good cause exists under 5 U.S.C. 553(b)(B)
to make the rule effective upon publication in the Federal Register
without prior notice and public comment on the grounds that delaying
implementation of this rule to allow for public comment would be
impracticable and contrary to the public interest. As a result of
USCIS's July 17, 2007, announcement that it would accept employment-
based Forms I-485 filed by aliens whose priority dates are current
under Department of State Visa Bulletin No. 107, USCIS received an
unprecedented volume of employment-based applications for adjustment of
status, including those filed by H and L nonimmigrants. Because of the
recent surge in such filings, it will take several weeks for USCIS to
enter the necessary data and issue Form I-797 receipt notices for
employment-based adjustment of status applications. Therefore, it is
important for this rule to take effect as soon as possible to avoid
undue hardship on applicants who may need travel outside the United
States prior to receiving the receipt notice.
In addition, no substantive rights or obligations of the affected
public are changed by this rule. DHS believes the public will welcome
this change. The public needs no time to conform its conduct so as to
avoid violation of these regulations because the rule relieves a
requirement of the existing regulations. Further, this rule will have
no adverse impact on DHS' adjudicatory responsibilities or ability to
track the foreign travel of affected persons since DHS already records
the admission of all nonimigrants. For these reasons, this rule is
effective immediately under 5 U.S.C. 553(d)(1) and (3).
This rule relates to internal agency management, and, therefore, is
exempt from the provisions of Executive Order Nos. 12630, 12988, 13045,
13132, 13175, 13211, and 13272. This rule is not considered by DHS to
be a ``significant regulatory action'' under Executive Order 12866,
section 3(f), Regulatory Planning and Review. Therefore, it has not
been reviewed by the Office of Management and Budget. Further, this
action is not a proposed rule requiring an initial or final regulatory
flexibility analysis under the Regulatory Flexibility Act, 5 U.S.C. 601
et seq. In addition, this rule is not subject to the National
Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq., Title
II of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. Ch. 17A, 25,
or the E-Government Act of 2002, 44 U.S.C. 3501, note.
Finally, under the Paperwork Reduction Act of 1995, Public Law 104-
13, all Departments are required to submit to the Office of Management
and Budget (OMB), for review and approval, any reporting requirements
inherent in a rule. This rule does not affect any information
collections, reporting or recordkeeping requirements under the
Paperwork Reduction Act.
List of Subjects in 8 CFR Part 245
Aliens, Immigration, Reporting and recordkeeping requirements.
Accordingly, part 245 of chapter 1 of title 8 of the Code of Federal
Regulations is amended as follows:
PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR
PERMANENT RESIDENCE
1. The authority citation for part 245 continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1182, 1255; sec. 202, Pub. L.
105-100, 111 Stat. 2160, 2193; sec. 902, Pub. L. 105-277, 112 Stat.
2681; 8 CFR part 2.
2. Section 245.2 is amended by revising paragraph (a)(4)(ii)(C) as
follows:
Sec. 245.2 Application.
(a) * * *
(4) * * *
(ii) * * *
(C) The travel outside of the United States by an applicant for
adjustment of status who is not under exclusion, deportation, or
removal proceeding and who is in lawful H-1 or L-1 status shall not be
deemed an abandonment of the application if, upon returning to this
country, the alien remains eligible for H or L status, is coming to
resume employment with the same employer for whom he or she had
previously been authorized to work as an H-1 or L-1 nonimmigrant, and,
is in possession of a valid H or L visa (if required). The travel
outside of the United States by an applicant for adjustment of status
who is not under exclusion, deportation, or removal proceeding and who
is in lawful H-4 or L-2 status shall not be deemed an abandonment of
the application if the spouse or parent of such alien through whom the
H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the
alien remains otherwise eligible for H-4 or L-2 status, and, the alien
is in possession of a valid H-4 or L-2 visa (if required). The travel
outside of the United States by an applicant for adjustment of status,
who is not under exclusion, deportation, or removal proceeding and who
is in lawful K-3 or K-4 status shall not be deemed an abandonment of
the application if, upon returning to this country, the alien is in
possession of a valid K-3 or K-4 visa and remains eligible for K-3 or
K-4 status.
Dated: October 15, 2007.
Michael Chertoff,
Secretary.
[FR Doc. E7-21506 Filed 10-31-07; 8:45 am]
BILLING CODE 4410-10-P
I traveled without original I-485.
see below for USCIS note on this
----
[Federal Register: November 1, 2007 (Volume 72, Number 211)]
[Rules and Regulations]
[Page 61791-61793]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no07-1]
Rules and Regulations
Federal Register
__________________________________________________ ____________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
8 CFR Part 245
[CIS No. 2420-07; Docket No. USCIS-2007-0047]
RIN 1615-AB62
Removal of Receipt Requirement for Certain H and L Adjustment
Applicants Returning From a Trip Outside the United States
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Final rule.
SUMMARY: This rule removes the requirement that certain H and L
nonimmigrants returning to the United States following a trip abroad
must present a receipt notice for their adjustment of status
applications to avoid having such applications deemed abandoned. The
purpose of this narrow change is to remove an unnecessary documentation
requirement from the regulations that the Department of Homeland
Security has determined causes an undue burden on H and L
nonimmigrants.
DATES: Effective Date: This rule is effective November 1, 2007.
FOR FURTHER INFORMATION CONTACT: Carol Vernon, Regulations and Product
Management Division, Domestic Operations, U.S. Citizenship and
Immigration Services, Department of Homeland Security, 20 Massachusetts
Avenue, Room 2034, Washington, DC 20529, telephone (202) 272-8350.
SUPPLEMENTARY INFORMATION:
I. Background
Travel outside the United States for an alien who has filed Form I-
485, ``Application to Register Permanent Residence or Adjust Status,''
to obtain lawful permanent resident status under section 245 of the
Immigration and Nationality Act (INA), 8 U.S.C. 1255, may adversely
affect that application unless the alien takes certain steps before the
trip. Most applicants must obtain permission from U.S. Citizenship and
Immigration Services (USCIS) to travel prior to the trip, a process
referred to as ``advance parole.'' See 8 CFR 212.5 (c) and (f). For
these applicants, departing the United States without advance parole
while their adjustment of status applications are pending results in
automatic abandonment of the applications and constitutes grounds for
denial. 8 CFR 245.2(a)(4)(ii)(A) & (B).
III. Rulemaking Requirements
DHS finds that this rule relates to internal agency management,
procedure, and practice and therefore is exempt from the public comment
requirements of the Administrative Procedure Act (APA) under 5 U.S.C.
553(b)(A). This rule does not alter substantive criteria by which USCIS
will approve or deny applications or determine eligibility for any
immigration benefit. Instead, this rule relieves a document
presentation requirement for certain applicants for immigration
benefits. Specifically, this rule removes the requirement that H-1/H-4
and L-1/L-2 nonimmigrants present a Form I-797 receipt notice for their
adjustment of status applications upon readmission to the United States
after a trip abroad in order to avoid having their applications
abandoned. This document presentation requirement is unnecessary since
it concerns information that is already available to DHS. This final
rule merely eliminates an unnecessary burden on these arriving aliens
and streamlines agency management of its processes. As a result, DHS is
not required to provide the public with an opportunity to submit
comments on the subject matter of this rule.
Moreover, DHS finds that good cause exists under 5 U.S.C. 553(b)(B)
to make the rule effective upon publication in the Federal Register
without prior notice and public comment on the grounds that delaying
implementation of this rule to allow for public comment would be
impracticable and contrary to the public interest. As a result of
USCIS's July 17, 2007, announcement that it would accept employment-
based Forms I-485 filed by aliens whose priority dates are current
under Department of State Visa Bulletin No. 107, USCIS received an
unprecedented volume of employment-based applications for adjustment of
status, including those filed by H and L nonimmigrants. Because of the
recent surge in such filings, it will take several weeks for USCIS to
enter the necessary data and issue Form I-797 receipt notices for
employment-based adjustment of status applications. Therefore, it is
important for this rule to take effect as soon as possible to avoid
undue hardship on applicants who may need travel outside the United
States prior to receiving the receipt notice.
In addition, no substantive rights or obligations of the affected
public are changed by this rule. DHS believes the public will welcome
this change. The public needs no time to conform its conduct so as to
avoid violation of these regulations because the rule relieves a
requirement of the existing regulations. Further, this rule will have
no adverse impact on DHS' adjudicatory responsibilities or ability to
track the foreign travel of affected persons since DHS already records
the admission of all nonimigrants. For these reasons, this rule is
effective immediately under 5 U.S.C. 553(d)(1) and (3).
This rule relates to internal agency management, and, therefore, is
exempt from the provisions of Executive Order Nos. 12630, 12988, 13045,
13132, 13175, 13211, and 13272. This rule is not considered by DHS to
be a ``significant regulatory action'' under Executive Order 12866,
section 3(f), Regulatory Planning and Review. Therefore, it has not
been reviewed by the Office of Management and Budget. Further, this
action is not a proposed rule requiring an initial or final regulatory
flexibility analysis under the Regulatory Flexibility Act, 5 U.S.C. 601
et seq. In addition, this rule is not subject to the National
Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq., Title
II of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. Ch. 17A, 25,
or the E-Government Act of 2002, 44 U.S.C. 3501, note.
Finally, under the Paperwork Reduction Act of 1995, Public Law 104-
13, all Departments are required to submit to the Office of Management
and Budget (OMB), for review and approval, any reporting requirements
inherent in a rule. This rule does not affect any information
collections, reporting or recordkeeping requirements under the
Paperwork Reduction Act.
List of Subjects in 8 CFR Part 245
Aliens, Immigration, Reporting and recordkeeping requirements.
Accordingly, part 245 of chapter 1 of title 8 of the Code of Federal
Regulations is amended as follows:
PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR
PERMANENT RESIDENCE
1. The authority citation for part 245 continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1182, 1255; sec. 202, Pub. L.
105-100, 111 Stat. 2160, 2193; sec. 902, Pub. L. 105-277, 112 Stat.
2681; 8 CFR part 2.
2. Section 245.2 is amended by revising paragraph (a)(4)(ii)(C) as
follows:
Sec. 245.2 Application.
(a) * * *
(4) * * *
(ii) * * *
(C) The travel outside of the United States by an applicant for
adjustment of status who is not under exclusion, deportation, or
removal proceeding and who is in lawful H-1 or L-1 status shall not be
deemed an abandonment of the application if, upon returning to this
country, the alien remains eligible for H or L status, is coming to
resume employment with the same employer for whom he or she had
previously been authorized to work as an H-1 or L-1 nonimmigrant, and,
is in possession of a valid H or L visa (if required). The travel
outside of the United States by an applicant for adjustment of status
who is not under exclusion, deportation, or removal proceeding and who
is in lawful H-4 or L-2 status shall not be deemed an abandonment of
the application if the spouse or parent of such alien through whom the
H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the
alien remains otherwise eligible for H-4 or L-2 status, and, the alien
is in possession of a valid H-4 or L-2 visa (if required). The travel
outside of the United States by an applicant for adjustment of status,
who is not under exclusion, deportation, or removal proceeding and who
is in lawful K-3 or K-4 status shall not be deemed an abandonment of
the application if, upon returning to this country, the alien is in
possession of a valid K-3 or K-4 visa and remains eligible for K-3 or
K-4 status.
Dated: October 15, 2007.
Michael Chertoff,
Secretary.
[FR Doc. E7-21506 Filed 10-31-07; 8:45 am]
BILLING CODE 4410-10-P
uma001
09-08 04:44 PM
waitingmygc,
We can say lot of ways how we can proceed but companies are not in a position to listen to us. They are not desi consulting companies, they are american companies. Who will apply to the positions that appear on job posting sites or magazines? whoever qualify to those requirments on positions will apply to those positions. So there is no question of whether they qualify or not. If position is for 5 years exp, ofcourse most of the resumes will have min 5 yrs of exp. Doesnt matter whether you have masters or not.
We can say lot of ways how we can proceed but companies are not in a position to listen to us. They are not desi consulting companies, they are american companies. Who will apply to the positions that appear on job posting sites or magazines? whoever qualify to those requirments on positions will apply to those positions. So there is no question of whether they qualify or not. If position is for 5 years exp, ofcourse most of the resumes will have min 5 yrs of exp. Doesnt matter whether you have masters or not.
No comments:
Post a Comment